November 13, 2017
A Five-Judge Constitution Bench of the Supreme Court on Friday presided over the case seeking SIT (Special Investigation Team) probe on medical college bribery case. The Court on Friday rescinded Two-Judge Bench order of the Supreme Court passed on Thursday to set up a larger Bench to hear a matter of allegations involving judicial corruption and stated that the Chief Justice of India was the master of Court and had the sole prerogative to allocate matters. While annulling the earlier order, the Chief Justice of India remarked that neither Two-Judge Bench nor a Three-Judge Bench can direct the Chief Justice to constitute a specific bench.
In the case inviting high-drama and debates, the Five-Judge Bench also stated that allocation of matter by the Chief Justice is a principle of law, judicial discipline and decorum of the Court.
Consequently, the Chief Justice has now constituted a Three-Judge bench to address the case filed by NGO “Campaign for Judicial Accountability” and Advocate Kamini Jaiswal seeking probe into allegations of bribery against higher Judiciary in context of opening of medical college.
FIR against a Sitting Judge
In the case, the Court also reacted on the issue whether FIR could be lodged against a Sitting Judge of the Court? In the hearing, Justice Arun Mishra said Advocate Prashant Bhushan that it was a contempt to claim that FIR in the medical college bribery case allegedly involved Chief Justice of India, Dipak Misra.